The MEC for Health in KwaZulu-Natal, Dr Sibongiseni Dhlomo, has until August to explain why he should not go to jail after his department failed to respond to two high court orders to hand over medical records in two medical negligence cases.
In the two cases, it is alleged that two babies suffered birth defects as a result of negligence on the part of the medical staff treating their mothers.
The lawyer acting for the babies’ mothers in pursuit of possible damages claims – Justice Ramsamy – has launched applications in the Durban High Court asking a judge to hold the MEC and hospital officials involved in contempt and jail them for six months.
In his affidavits, Ramsamy explained how his office’s initial requests for the department to provide them with the medical records had fallen on deaf ears.
The firm had then approached the court and obtained orders compelling the department to provide them with the documents.
But to date, he said, these were still outstanding and now he had been instructed to bring applications for contempt as his clients had no other options.
In both the contempt applications before court yesterday, Judge Mokgere Masipa granted interim relief and placed the MEC and the hospital officials on terms to provide reasons by August why they should not be found in contempt and jailed.
In the more recent case, the woman involved gave birth to a baby boy at Umphumulo Hospital in KwaDukuza in December 2011.
According to court papers, Ramsamy’s instructions were that her delivery was “marred with complications in that the minor child struggled to breathe after delivery and had to be placed in the intensive care unit”.
“The minor child required oxygen to be administered and his body appeared floppy,” Ramsamy said.
In the months that followed, the baby’s development was stunted and he did not reach the normal milestones.
“Presently the minor child cannot sit, stand or walk,” he said.
He explained that his firm had been tasked with investigating whether or not the child’s disabilities were as a result of negligence on the part of the hospital staff treating him and his mother when he was born.
“In order to investigate this, it is imperative that I have access to all the relevant medical records of the (mother’s) minor child as I have to responsibly investigate this claim before proceeding further,” Ramsamy said.
In the other matter, the woman involved gave birth at Benedictine Hospital in Nongoma in June 2009.
She claimed her baby – also a boy – suffered “severe asphyxia” as a result of the hospital staff’s negligence.
Ramsamy said he needed the records in order to properly assess, quantify and prosecute the claim.